(P4) Current and Future Directions of Compliance Research
Benjamin van Rooij, Professor of Law and Society, Amsterdam University School of Law
Yuval Feldman, Professor of Legal Research, School of Law, Bar-Ilan University
Within the domain of regulatory governance, compliance is a vital field of study. Broadly it concerns how regulated actors respond to regulatory rules.
Early regulatory scholarship focused on compliance by looking at the effectiveness of different enforcement styles. Later scholarship has look at the rise of compliance management systems as modes for self- and meta-regulation.
Compliance has had a resurgence over the last two decades in new empirical scholarship from across the regulatory fields of study. This scholarship has moved beyond looking at compliance as a result of enforcement to also analyze intrinsic motivations for compliance that arise from social norms, systemic legitimacy, as well as the organizational capacities that are necessary to achieve organizational compliance. Another development has been the study of compliance in behavioral economics, which has employed experimentalist and game theory methods and applied insights including those about prospect theory, choice architecture and nudging.
The current panel examines current and future trends in approaches to compliance in regulatory governance. The panel offers a diverse set of views about compliance theories, methods to measure and capture compliance, and challenges about how to compliance research and compliance practice interact.